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Native American
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February 28, 2024
Court Will Hear Arguments In Camp Operator's Bond Dispute
A Montana federal judge will hear arguments next month to determine whether a campground operator can pay a bond in cash as opposed to a third-party surety that will allow it to stay the case over a lease dispute with the Blackfeet Nation pending an appeal to the Ninth Circuit.
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February 28, 2024
Wash. Man Accused Of Killing, Selling Eagles To Plead Guilty
One of two men accused of conspiring to kill federally protected bald eagles and golden eagles on tribal lands in northwest Montana to sell on the black market has entered a plea agreement, court records show.
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February 28, 2024
Tribes Urge Biden To Break Silence On Pipeline Dispute
Great Lakes tribes are pressing the White House to break its "deeply concerning" silence on a fight to remove an Enbridge Energy Corp. pipeline from tribal lands in northern Wisconsin, saying the U.S. government is sitting on the sidelines as Canada and the energy company try to gut their sovereignty.
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February 27, 2024
Mohawk Nation Rejects 1796 Land Agreement, Court Told
The Mohawk Nation says it has numerous outstanding issues regarding a proposed settlement with the state of New York over 2,000 acres of land stemming from a 1796 treaty, arguing that its concerns have yet to be addressed or considered relevant by the court or its present counsel as negotiations continue.
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February 27, 2024
SunZia Line Injunction Needed To Save Sites, Ariz. Tribes Say
Two Native American tribes and conservation groups seeking to halt construction of a 550-mile power line have renewed their push for a preliminary injunction, arguing that without the order, important cultural and historical sites in the San Pedro Valley will be reduced to collateral damage.
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February 27, 2024
Hospital Groups Allege Opioid Crisis Damaged Their Finances
More than 20 hospitals and related companies have joined multidistrict litigation over the opioid epidemic, alleging in a massive new complaint that pharmacies, drug distributors and others contributed to a crisis that damaged hospitals' finances and strained their ability to help patients.
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February 27, 2024
States, Businesses Aim To Kill Feds' Revised Water Rule
States and business groups have asked a North Dakota federal judge to force the U.S. Environmental Protection Agency to revise regulations intended to define the scope of the federal government's authority under the Clean Water Act.
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February 27, 2024
Salmon Fishing Mitigation Effort Is Absent, Green Group Says
Conservation group Wild Fish Conservancy told the Ninth Circuit the district court did not abuse its discretion in "narrowly partially vacating" an incidental take statement underpinning a Chinook salmon troll fishery in southeast Alaska, saying the overarching biological opinion is inconsistent with the Endangered Species Act.
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February 27, 2024
Energy Co. Asks 8th Circ. To Revive Lease Termination Suit
A Denver-based energy company has told the Eighth Circuit that a North Dakota federal judge was wrong to dismiss its lease termination suit and hold that it had not exhausted its administrative remedies when its appeal of the Bureau of Indian Affairs decision had dragged on for nine-plus years.
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February 26, 2024
EPA Must Act On Failed Skagit River Temps Plan, Tribe Says
The Swinomish Indian Tribal Community said it plans to sue the U.S. Environmental Protection Agency for Endangered Species Act violations unless it revisits a failed Washington state plan to address high water temperatures in the Lower Skagit River Basin that are harming protected salmon species.
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February 26, 2024
Gas Groups Press DOE To Restart LNG Export Reviews
Oil and gas industry groups on Monday urged the U.S. Department of Energy to lift its recent pause of approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the United States, arguing that the move is illegal.
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February 26, 2024
Hydroelectric Co. Asks For Pause On Puyallup Dam Order
A hydroelectric company appealing to the Ninth Circuit is asking a Washington federal judge to stay an order that directed it to remove part of a temporary rock dam on the Puyallup River, saying the order would require it to make changes that are likely to damage its facility.
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February 26, 2024
Justices Say Tribes Can Argue Separately In Healthcare Row
Two Native American tribes seeking to uphold rulings that ordered the federal government to reimburse them millions of dollars in administrative healthcare costs can argue their cases separately, the U.S. Supreme Court said Monday.
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February 23, 2024
SD Bill To Expand Native Voting Rights Put Off To Next Session
A South Dakota bill aimed at expanding and protecting the voting rights of Native Americans was tabled on Friday when state lawmakers ran out of time to consider the legislation with questions lingering on how to craft its language to ensure compliance with state and federal voting rights laws.
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February 23, 2024
Wildlife, Paddling Groups Want To Join Clean Water Act Fight
The National Wildlife Federation and American Whitewater are asking a Louisiana federal judge to let them join litigation over an updated Clean Water Act rule that expanded states' and tribes' ability to block projects such as pipelines and dams over water quality concerns, to ensure their interests are considered.
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February 23, 2024
Tribal Biz Atty Must Meet Calif. DA Over Greenhouse Wreckage
A California federal judge has ordered the lawyer for a business owned by a tribal conglomerate to attend a hearing with San Bernardino County's district attorney, saying the lawyer must explain why he forced the DA to file a unilateral status report about the destruction of illegal cannabis greenhouses.
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February 23, 2024
Enviro Orgs. Target Sequoia Forest Restoration Projects
Several conservation groups are asking a California federal judge to overturn U.S. Forest Service approvals for two post-fire forest restoration projects on parts of the Giant Sequoia National Monument and Sequoia National Forest, claiming they risk harming the sensitive landscapes and making matters worse.
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February 23, 2024
Alaska Judge Won't Disturb Oil, Gas Lease Moratorium Order
An Alaska federal judge rejected bids by the state's development authority to amend or vacate an order upholding a temporary moratorium the Biden administration imposed on an Arctic National Wildlife Refuge Coastal Plain oil and gas program, holding that the case isn't moot after the government canceled its leases.
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February 22, 2024
Wash. Tribe Awarded Land Comp Funds After 50-Year Battle
In a decision the Chinook Indian Nation on Thursday called groundbreaking for other Indigenous communities, the federal government determined that the tribe will receive more than $48,000 from an Indian Claims Commission judgment handed down half a century ago as compensation for the seizure of the tribe's ancestral lands.
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February 22, 2024
EPA Puts $5.8B On Tap For Water Infrastructure Projects
The Biden administration said it's making $5.8 billion available to help pay for water projects around the U.S., steering millions of dollars to states and territories to help overhaul drinking water infrastructure, and wastewater and stormwater systems.
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February 22, 2024
Tribal Co., Minn. Agree To Settle Interest Rate Overcharge Row
Minnesota officials and Montana's Fort Belknap Indian Community have agreed to settle claims that the tribe's economic development corporation engaged in predatory lending practices by charging interest rates up to 800% on loans to thousands of state residents.
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February 22, 2024
San Antonio Can Scare Off Park Birds For Now, 5th Circ. Says
The Fifth Circuit said San Antonio, Texas, can move ahead with its bird deterrence program at a park where Native American church members claim the city is violating their religious rights by pursuing renovation plans that will harm a sacred area's spiritual ecology by removing trees and driving off nesting cormorants.
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February 22, 2024
Sports & Betting Group Of The Year: Jenner & Block
Jenner & Block LLP helps its clients navigate critical moments, including guiding Caesars to victory over a change-skimming lawsuit and engineering a multibillion-dollar sports betting arbitration win for Fox FSG Services in a spat with FanDuel, earning the firm a spot among Law360's 2023 Sports & Betting Groups of the Year.
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February 21, 2024
Tribes Say Oil Co. Must Face Tribal Court In $12M Award Fight
Two Native American tribes have asked a Wyoming district court to block a bid by Merit Energy attempting to stop them from using their tribal judicial system to vacate a $12.6 million arbitration award, saying the company has not yet exhausted all tribal remedies.
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February 21, 2024
Alaska Tribes Seek Rights Declaration Over BC Gold Mines
A consortium of southeast Alaska tribes is asking the Inter-American Commission on Human Rights to hold an investigative hearing and declare that Canada is violating their human rights by considering and approving mines that threaten to pollute cross-border rivers and harm vital salmon fisheries without seeking the tribes' input or consent.
Expert Analysis
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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As Sackett Trims Feds' Wetlands Role, States May Step Up
The U.S. Supreme Court's recent decision in Sackett v. U.S. Environmental Protection Agency extinguishes federal authority over many currently regulated wetlands — meaning that federal permits will no longer be required to discharge pollutants in affected areas, but also that state regulators may take a more active role, say attorneys at Kelley Drye.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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EPA's New Rule On Power Plant GHGs Won't End Litigation
The U.S. Environmental Protection Agency's recent proposal for limiting greenhouse gas emissions from the nation's power plants would use new approaches to reduce carbon pollution in the coming years — but it is unlikely it will end the legal wrangling over climate change mitigation measures, say attorneys at Beveridge & Diamond.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Biden's Enviro Justice Focus Brings New Business Risks
A recent executive order from President Joe Biden continues the administration's whole-of-government approach toward environmental justice, and its focus on transparency may increase the risk of permit challenges, enforcement actions and citizen suits, say attorneys at King & Spalding.
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3 Key Areas Where Fintech And Sports Gaming Intersect
Sports gaming operators cannot produce reliable and efficient products without the full participation and support of their fintech vendors and suppliers, so firms in both industries should follow developments and changing regulation in the arena, including state expansion of crypto-funded wagering and advancements in payment processing, say attorneys at Nelson Mullins.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.